Tawney v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Porter, J.:

The plaintiff received injuries in a collision with one of the defendant’s engines at a street crossing in the city of Ottawa. She recovered $830 damages. The railway company appeals.

The accident occurred about seven o’clock on the evening of December 17, 1906. The plaintiff was driving a horse attached to a single buggy. It was a dark night, and there was a cold wind from the north. The top of the buggy was raised, the side curtains Were down, and the plaintiff had her head and ears wrapped up in a shawl. Tecumseh street runs east and west,…